Section 12 in The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
12. Division of District into electoral divisions.
(1)[The State Election Commission shall, for the purpose of election of Councillors divide every District] [This portion was substituted for the portion beginning with the words 'For the' and ending with the word 'divided' by Maharashtra 21 of 1994, Section 37(1)(a).] into electoral divisions (the territorial extent of any such division not being out side the limits of the same Block) each returning one Councillor, and there shall be a separate election for each electoral division:[Provided that, such electoral division shall be divided in such a manner that the ratio between the population of each electoral division and the total number of Councillors to be elected for the Zilla Parishad shall, so far as practicable, be the same throughout the Zilla Parishad area;] [This proviso was added by Maharashtra 21 of 1994 Section 37(1)(b).][Provided further that, while distributing such electoral divisions among the Panchayat Samitis, not less than two electoral divisions shall be allotted to each Panchayat Samiti.] [This proviso was added by Maharashtra 4 of 2002, Section 3, (w.e.f. 31-10-2001).](2)[ (a) In the seats to be filled in by election in a Zilla Parishad there shall be seats reserved for persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women, as may be determined by the State Election Commission in the prescribed manner:(b)the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Zilla Parishad shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in that Zilla Parishad as the population of the Scheduled Castes or as the case may be, the Scheduled Tribes, in that Zilla Parishad area bears to the total population of that area and such seats shall be allotted by rotation to different electoral division in a Zilla Parishad; ][Provided that, in a Zilla Parishad comprising entirely the Scheduled Areas, the seats to be reserved for the Scheduled Tribes shall not be less than one half of the total number of seats in the Zilla Parishad:Provided further that, the reservation for the Scheduled Tribes in a Zilla Parishad falling only partially in the Scheduled Areas shall be in accordance with the provision of clause (b);] [These provisos were inserted by Maharashtra 20 of 1997, Section 3(a)(i).][Provided also that] [These words were substituted for the words 'Provided that' by Maharashtra 20 of 1997, Section 3(a)(ii).] [one-half of the total number of seats] [These words were substituted for the words 'one-third of the total number section 4(a), (w.e.f. 21-4-2011).] so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes;(c)the seats to be reserved for persons belonging to the category of Backward Class of citizens shall be 27 per cent of the total number of seats to be filled in by election in a Zilla Parishad and such seats shall be allotted by rotation to different electoral divisions in a Zilla Parishad:[Provided that, in a Zilla Parishad comprising entirely the Scheduled Areas, the seats to be reserved for the persons belonging to the Backward Class of Citizens shall be 27 per cent of the seats remaining (if any), after reservation of the seats for the Scheduled Tribes and the Scheduled Castes;Provided further that, the reservation for the persons belonging to the Backward Class of Citizens in a Zilla Parishad falling only partially in the Scheduled Areas shall be in accordance with the provisions of clause (c):] [These provisos were inserted by Maharashtra 20.][Provided also that] [These words were Substituted for the words 'Provided that,' by Maharashtra 20 of 1997 section 3 (b)(ii)] [one-half of the total number of seats] [These words were substituted for the words 'one-third' of the total number of seats' by Maharashtra 19 of 2011, section 4(b), (w.e.f.) 21-4-2011).] so reserved shall be reserved for women belonging to the category of Backward Class of citizens;(d)[one-half] [These words were substituted for the words 'one-third' by Maharashtra 19 of 2011, section 4 (c), w.e.f. 21-4-2011).] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Zilla Parishad shall be reserved for women and such seats shall be allotted by rotation to different electoral divisions in a Zilla Parishad.(3)The reservation of seats (other than the reservation for women) under sub-section (2) shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.
